BAY CITY, MI — The same day an attorney filed a lawsuit against two Bay City police officers and an assistant Bay County prosecutor alleging they violated his client’s civil rights, a federal judge dismissed another civil rights case involving one of the same officers. The case, based on a 2008 incident in Hampton Township, was settled out of court for $65,000.

Edward M. Czuprynski on Monday, Aug. 26, filed a lawsuit in Bay County Circuit Court on behalf of Kimberly M. Proderut, alleging officers Nicholas Pletzke and Wayne Stockmeyer and assistant prosecutor Jordan E. Case unlawfully detained her and forced her to testify in an August 2011 trial.

That same day, U.S. District Judge Thomas L. Ludington dismissed a lawsuit claiming civil rights violations also naming Pletzke.

In that case, Hampton Township resident John A. Tobias alleged that Pletzke, while an officer with the Hampton Township Police Department, on Sept. 25, 2008, along with fellow officer Lyle Esterhai, entered his home without a warrant, violating the Constitution’s Fourth Amendment.

The suit, filed by Lansing attorney J. Nicholas Bostic against the police department, stated Pletzke and Esterhai responded to a domestic violence call at Tobias’ home, placed by Tobias’ 16-year-old daughter. Arrangements were made for the teen to spend the night at a friend’s house and she asked Pletzke to accompany her inside her home while she gathered some belongings, the suit states. Tobias did not allow the officer admittance to his house, but Pletzke entered anyway, without a warrant or probable cause, the suit claimed.

Esterhai did not enter the house, but was aware Pletzke was doing so and did not stop him, the suit states.

While in the house, Pletzke saw what he believed to be a marijuana grow operation, court records show. Based on this, police obtained a search warrant and executed it on Tobias' home the next day.

Bay County prosecutors filed criminal charges against Tobias, but they were dismissed in October 2008, the lawsuit states.

The lawsuit went on to name seven counts against Pletzke and Esterhai, involving unlawful searches of Tobias’ house, improper seizure of his property and malicious prosecution.

The suit was filed in federal court in February 2012. Tobias sought $50,000 per count.

In dismissing the suit on Aug. 26, Ludington stated in his ruling that the parties reached an out-of-court agreement.

Pletzke and Esterhai were represented by Troy attorneys G. Gus Morris and D. Randall Gilmer, who responded to the suit alleging that Tobias did in fact give Pletzke consent to enter his home without a warrant.

Morris told The Bay City Times on Sept. 12 that a trial had been ordered, but before it began, both parties met with U.S. District Magistrate Charles E. Binder in an attempt to reach a resolution.

"We went back and forth for a full day," Morris said. "At the conclusion of the day, we agreed upon a settlement, which in our judgement reflected the risks presented by a trial."

Morris declined to disclose the amount of the settlement. Hampton Township Police Chief Gerald Runde said the settlement sum was $65,000.

"We maintained all along the officers' action was proper and lawful under the circumstances," Morris said. He added that the central issue was whether Pletzke had the right to enter Tobias' house.

"The daughter clearly requested the officers come into the house," he said. "Mr. Tobias' comment at first was, 'No, I don't want you to come into my house.' Mr. Tobias (later) testified that he said, 'Alright, you can come in, but you're going to violate my rights if you do.'"

Runde said his officers were cleared of any wrongdoing.

“There was an internal investigation conducted by the state
police,” Runde said. “They found no wrongdoing on
the part of the officers. There was no disciplinary action taken for both. We did
give them some instruction further on obtaining search warrants. Both of them
were young officers at the time, I don’t think they had performed any search
warrants for drugs before. That was part of the problem.”

The Bay County Prosecutor's Office also requested a special prosecutor from the Michigan Attorney General's Office review Pletzke's actions. The Attorney General's Office in November 2008 denied the request, stating there was "no basis to proceed with any criminal charges" pertaining to Pletzke, court records show.

Hampton Township Supervisor Tom Foret said the settlement sum is being paid by the township's insurance company, Michigan Township Plan, and not the community's general fund. Foret said he did not know if the township's Board of Trustees would have to approve the settlement, but that it would be discussed at its meeting at 4 p.m. on Monday, Sept. 23.

A few months before the incident that sparked the lawsuit, Tobias in July 2008 was arrested after his neighbors called 911 to report he was firing guns and yelling threats toward them.

Prosecutors subsequently charged Tobias with felon in possession of a firearm and reckless discharge of a firearm. Tobias in March 2009 pleaded guilty to the former charge in exchange for the latter's dismissal.

He was sentenced in May 2009 to 180 days in jail and two years of probation. While on probation, Tobias was charged with attempted delivery or manufacture of marijuana in connection with a January 2010 incident. Tobias pleaded guilty to that count and received probation.

Esterhai is still with the Hampton Township Police Department, Runde said. Pletzke left the department of his own accord and subsequently worked at the Canton Township Police Department in Wayne County, Runde said, before being hired as an officer in Bay City in March 2011.

The Times could not reach Bostic, Tobias' attorney in the civil rights lawsuit, for comment.

Third civil rights case involving Bay City police

There is at least one other pending lawsuit in federal court alleging Bay City police officers violated a citizen’s civil rights. In the suit, plaintiff Kishna M. Brown alleges officers Bradley Lewis, Nathaniel Kamp and Jason Richnak on April 28, 2011, pulled her over, ordered her to exit her vehicle while they pointed their guns at her, slammed her to the ground, searched her and handcuffed her, all without probable cause, thereby violating the Fourth Amendment’s prohibition against unreasonable searches and seizures.

In their response motion, the officers, through their attorneys, state they were responding to a 911 call and learned a vehicle had just left the address to which they were heading. Though the motion agrees that the officers pulled over the vehicle, driven by Brown, and ordered her to exit it while their firearms were drawn, it denies they conducted themselves improperly, used excessive force, falsely arrested Brown or that they performed an unreasonable search or seizure.

Bostic is also representing Brown in her case. The Bay City officers, Bay City and an unnamed Bay County Central Dispatch employee are represented by Sterling Heights attorney Timothy S. Ferrand and Farmington Hills attorney Jason J. Thomas.

Discovery in the case is due by Sept. 30, according to federal court records.